FILED

NOT FOR PUBLICATION JAN 02 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10661

Plaintiff - Appellee, D.C. No. 4:11-cr-02074-DCB v.

MEMORANDUM * MARCIAL GUARDADO-SIVIRIAN,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Mark W. Bennett, District Judge, Presiding **

Submitted December 19, 2012 *** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Marcial Guardado-Sivirian appeals from the district court’s judgment and challenges his guilty-plea conviction and 41-month sentence for reentry after

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

**

The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa, sitting by designation.

***

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Guardado-Sivirian’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Guardado-Sivirian with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Guardado-Sivirian has waived his right to appeal his conviction and sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable issue as to the validity of the waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss the appeal. See id. at 988.

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 11-10661